S. R. Vyas, J. –

1. This appeal by the above-named appellant is against his convictions under sections 376 and 366 of the Indian Penal Code and sentences of life imprisonment and ten years' imprisonment with a fine of Rs. 1000/- in default of payment of which to further rigorous imprisonment for two years, respectively, awarded thereunder by Shri K.B. Khare, Second Additional Sessions Judge, Gwalior, Both the sentences were ordered to run concurrently.

2. The prosecution case against the appellant in the trial Court was as under :-

The accused-appellant and Ku. Basanti (PW. 4), daughter of Shriram (PW.2) were residents of Ramnagar which is within the limits of Gwalior Municipal Corporation Shriram (PW. 2) was an employee of the Gwalior Rayon Mills in Birlanagar, Gwalior. Chhotelal, the younger brother of the accused was running a fuel-wood stall in the neighbourhood of the house of Shriram (PW. 2) Occasionally, the accused also used to sit at this stall and, presumably, was on talking terms with Ku. Basanti (PW.4).

3. On 3-9-1972, Shriram (PW. 2) had gone to the Mills to attend to his duties. During his absence and the absence of his wife Smt. Saraswati (P W. 3), the accused a